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Case No. 19-2086

For summaries from opinions prior to August, 2018, view PDF versions here

Jerry Hoffmann and Hoffmann Innovations, Inc., d/b/a DIY Autotune
Scott Clark and Realtuners, LLC

Scott Clark and Realtuners, LLC, seek further review of the court of appeals’ opinion affirming the district court’s entry of judgment for compensatory and punitive damages in favor of Jerry Hoffman and Hoffman Innovations, Inc., d/b/a DIY Autotune. They argue the court erred by striking their answer and counterclaims, precluding them from presenting certain evidence, and awarding attorneys’ fees, and the damages award was improper and excessive.



Jerry Hoffmann and Hoffmann Innovations, Inc., d/b/a DIY Autotune


Scott Clark and Realtuners, LLC

Attorneys for the Resister

Robert M. Livingston
Seth Katz

Attorney for the Applicant

Matthew G. Sease

Supreme Court

Oral Argument Schedule


Apr 20, 2022 9:00 AM


Supreme Court Opinion

Opinion Number:
Date Published:
Jun 17, 2022

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 12, 2021

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes and Susan L. Christensen, Judges.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (57 pages)

            The defendants, Scott Clark and RealTuners, LLC, appeal from the $11,000,000 judgment entered against them, arguing they should get a new trial because the sanction entered against them was too harsh, the district court wrongly prevented them from presenting evidence to limit the award of damages, the damages awarded by the jury were improper and excessive, and the court’s award of common law attorney fees was in error.  OPINION HOLDS: Because the defendants have not established a reversible error, we see no reason to disturb the jury’s awards, and we decline to consider the argument against the award of attorney fees as it is raised for the first time on appeal, we affirm. 

Other Information

Date Further Review is Granted:
Oct 26, 2021
Date Retained:
Oct 26, 2021
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